general order: juveniles - better together … pd - go... · general order 25 . effective: july 9,...

CITY OF EUREKA POLICE DEPARTMENT

GENERAL ORDER 25

EFFECTIVE: JULY 9, 2011 REVISED: SEPTEMBER 6, 2012 TO: ALL PERSONNEL INDEX AS: FINGERPRINTING-JUVENILES JUVENILES SUBJECT: JUVENILE OPERATIONS/ARRESTS PHOTOGRAPHS-JUVENILES I. PURPOSE

A. The purpose of this General Order is to establish uniform policy, procedures, guidelines, and accountability for the handling of juveniles in custody, or under the temporary care of members of this department.

II. POLICY / REPORTING PROCEDURES

A. Juvenile operations will be conducted by the investigating officer in accordance

with this order, and the Family Court of Saint Louis County. 1. Officers should remain familiar with the rules and procedures established

by the Family Court of St. Louis County Police Procedures Manual, which is located in the squad room.

2. Officers should pay particular attention to any changes involving

telephone numbers included in the manual. B. Officers dealing with juvenile offenders should use the least coercive, reasonable

alternatives to resolve the complaint which are consistent with preserving public safety, order, and individual liberty.

C. A juvenile can be taken into custody for any criminal or status offense. The “Monthly Log of Juveniles Taken into Custody” form shall be completed for each juvenile conveyed to the station. The monthly log is kept in the booking room.

D. Apprehended juveniles will be transported to the police station or the Juvenile

Detention Center without delay unless the juvenile is in need of emergency medical treatment. If the juvenile is released, it is the arresting officer’s responsibility to ensure the juvenile is released to a parent, guardian or other responsible adult prior to the end of his/her shift. If this is not possible, the officer will notify his supervisor, who will advise the oncoming watch commander.

E. Juveniles will be handled the same as an adult when conveying them to the police

department or detention. F. A CARE report is required whenever a juvenile is taken into custody, except for

curfew violations as described in Section IV. B. (A separate juvenile F-11 form is

GENERAL ORDER 25 JUVENILE OPERATIONS

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not required when a CARE report is submitted). G. Under Missouri Supreme Court rules, a police officer may release a juvenile taken

into custody to the care of his/her custodian or other suitable adult unless the Family Court of Saint Louis County has entered an order to the contrary placing the juvenile in secure detention or protective custody.

H. When a juvenile is charged with a felony:

1. The investigating officer shall complete all police reports (two copies), the

“Initial Detention Admission” form (two pages), and the “Charge Affidavit.” a. When preparing any police report involving an offense committed

by a juvenile, the officer needs to include all pertinent information regarding the offender.

b. When completing the narrative of the police report, the juvenile suspect(s) name should not be used continuously throughout the report. The officer may use the juvenile’s name one time, and thereafter refer to the juvenile only as “Juvenile #_.”

2. The officer shall fingerprint, palm print, and photograph the juvenile at the

police station.

a. Finger prints and palm prints may be obtained using the “Live Scan” system (when signing on, select “juvenile”, and the record should be submitted as any other. (The printed card will only contain limited information, as will “Live Scan” data base). See attached sample.

b. Photographs may not be obtained using the IRIS system. Photos

should be taken with the department camera, and printed. The photo must be deleted from the camera memory device and computer.

c. Upon completion, the finger print cards and printed photo shall be

placed into an envelope clearly marked “Juvenile Fingerprints and Photographs,” and forwarded to the records clerk.

3. Juveniles taken into custody for the following offenses will be brought to

Juvenile Detention (Intake): a. Class A and B felonies; b. Class C felonies that are “crimes against persons,” c. Any felony sex offense; or d. Any firearm or explosive device offense.


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I. Juvenile suspects charged with a misdemeanor offense may not be fingerprinted

or photographed without permission from the Saint Louis County Family Court. J. When a juvenile is detained at the police station, the juvenile’s parent or guardian

should be notified as soon as practical.

1. If the juvenile is to be detained at the police station while awaiting the arrival of a parent, guardian, or transportation to juvenile detention, said juvenile must be placed in a location within the police station (the squad room, interview room, or conference room) where the juvenile is not within sight or sound of other adult prisoners or the public. The arresting officer is responsible for the supervision and welfare of the juvenile detainee(s). a. Juveniles held on criminal charges will have access to water,

restrooms and other needs by requesting service from the arresting officer.

2. A juvenile may only be held in a locked area for a maximum of two (2)

hours for processing purposes. Under no circumstances shall a juvenile be held in our custody in excess of six hours; however, supervisory approval shall be required to hold a juvenile in excess of two hours.

3. Sight and sound separation from adult detainees must be maintained at all times while the juvenile is in our custody.

4. Juveniles will not be restrained to any stationary objects in the holding

area. (Juveniles may be cuffed to moveable objects like an office chair, table or themselves). In the event of an emergency or in the event the juvenile becomes violent, the juvenile should be handcuffed per department policy.

5. Officers may search juveniles that are being detained for their safety. 6. When a juvenile is placed in a location within the police station, the

juvenile must be monitored by the arresting officer at all times.

K. Although photographs of juveniles arrested for felonies shall be maintained by the police department, permission from the family court, (or judicial approval in federal cases), is still required for physical or photo lineups involving juvenile suspects. (Yearbook or other public domain photos used for identification purposes do not require prior permission). All requests must be made by the investigating officer following family court procedures. Any questions regarding those procedures may be directed toward the family court detention supervisor.


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L. Buccal swabs may be obtained from juvenile suspects for DNA analysis when written consent is given by both the juvenile and the custodial parent/guardian. Buccal swabs should be forwarded to the St. Louis County Police Crime Laboratory following proper lab procedures. See General Order 53 for further instructions.

M. When interviewing juvenile offenders, officers will follow the guidelines

established by the “St. Louis County Family Court Police Procedures Manual.” The deputy juvenile officer will advise juvenile suspects of their rights using a “Family Court Statement of Rights” form. Officers will not interview a juvenile witness/suspect for more than a two hour period without supervisory approval. No more than two officers will conduct the interview. Officers and/or the DJO will explain departmental and juvenile justice system procedures to juvenile offenders, and their parents or guardians.

III. TRUANCY

A. Truancy referrals should originate from school authorities; truancy is not an

adequate cause for detention. Officers encountering truants may:

1. Contact school authorities to make them aware of the juveniles whereabouts; or

2. Contact the Division of Family Services.

IV. CURFEW

A. Any child suspected to be in violation of the curfew ordinance may, at the

commissioned employee’s discretion, be: 1. Released at the scene of the violation; to a parent or guardian: 2. Conveyed to their legal residence and released to a parent or guardian;

3. Conveyed to the police station to await the arrival of a parent/legal

guardian; or

4. Conveyed to the Juvenile Detention Center if circumstances dictate the child NOT be released at the scene, the parents or legal guardian cannot be located, or refuse to assume custody. Prior to transportation to the Juvenile Detention Center the officer must call the on-duty juvenile officer.

B. A “Juvenile Continuation Form” (F-11) shall be completed for the violation; (the

date and time of the offense must be included). One copy of the F-11 shall be given to the parent/guardian or the juvenile (when applicable), and the other two copies of the F-11 shall be forwarded with any related documents to the police clerk. One copy of the F-11 will then be forwarded to the family court for final


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disposition. No CARE report is necessary for curfew violations except in extenuating circumstances, the F-11 alone will suffice.

V. JUVENILE FAILURE TO APPEAR WARRANTS

A. Bench Warrants: A bench warrant issued by the adult court for the apprehension of a juvenile who is 15½ years of age or older will not be addressed by the family court. Questions regarding police handling of bench warrants should be directed to the court that issued the warrant. However, Section 221.044 of the Revised Missouri Statutes prohibits the detention of juvenile traffic offenders who are 15½ years of age or older in an adult jail or other adult detention facility. A traffic court judge may request the family court to order commitment of such offenders.

B. Officers having contact with juveniles (who are at least 15½ years of age) for

whom an outstanding traffic-related “Failure to Appear Warrant” exists shall:

1. Verify the warrant is active, and upon confirmation transport to the police station.

2. If the juvenile is 15 ½ years of age or older, he/she may be treated as any

adult, with the following exceptions:

a. Juveniles arrested for status or misdemeanor offenses may not be fingerprinted or photographed without approval of the court.

b. Juveniles must be separated by sight and sound from adult

prisoners. C. Juvenile Traffic Offenses

1. The family court does not have jurisdiction over non-felony violations of

state or municipal traffic regulations committed by juveniles who are 15½ years of age or older per Section 211.031 of the Revised Statutes of Missouri. Consequently, a juvenile who is 15½ years of age or older is subject to the same system of justice applicable to adult operations of motor vehicles, and may be processed pursuant to usual adult booking procedures, except juveniles may not be photographed or fingerprinted without securing the prior consent of the family court.

2. Traffic violations that constitute felonies and involve juveniles who are

15½ years of age or older are to be referred to the family court in the same fashion as any other delinquent offense. The police officer must therefore decide if the following offense would constitute a felony under the circumstances.

a. Driving While Intoxicated – The first and second DWI offenses by


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an individual are considered misdemeanors and should be referred to the adult system; however a third DWI offense is deemed a felony and must be referred to juvenile authorities. (Mandatory booking on felonies, photograph and fingerprint prior to referring to juvenile court.)

b. Leaving the Scene of an Accident – If the driver is involved in an

accident that results in property damage in an amount less than one thousand dollars ($1000.00), a leaving the scene offense constitutes a misdemeanor and the driver should be processed as an adult except, no fingerprints or photographs will be taken. However, if the property damage exceeds one thousand dollars ($1000.00) or if personal injury is involved, the offense becomes a felony and must be referred to the family court.

3. Any traffic violation committed by an individual under the age of 15½

years of age must be referred to the family court regardless of whether or not the offense constitutes a felony.

VI. JUVENILE ACCOUNTABILITY – STATUS OFFENSES

A. In order to comply with state and federal guidelines, a juvenile who is being held

for a status offense only shall not be securely detained in a holding cell, a locked room, or by handcuffing them to a stationary object. Status offenses include:

1. Truancy; 2. Incorrigibility; 3. Runaways; 4. Injurious behavior;

5. Curfew violations

B. Under unusual circumstances (e.g., flight risk, unusual behavior, etc.), juveniles being held for a status offense only, may be handcuffed or leg shackled. Even under these circumstances, the juvenile shall not be securely detained in a holding cell, a locked room, or by handcuffing them to a stationary object.

C. A “Juvenile Holding Accountability Log” (found in the booking room), will be

completed when a juvenile is taken into custody and transported to the police station.

D. Normally a juvenile who has committed a status offense will not be accepted into

the detention facility. Should a parent or guardian request the juvenile be taken into custody for a status offense, the officer should have a criminal charge (i.e.


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assault of a family member, destruction of property, stealing, etc.) in addition to the status offense.

VII. RECORDS

A. The police clerks shall be responsible for the collection, dissemination, and retention of juvenile records.

B. Juvenile arrest and identification records shall be maintained in files separate from adult offenders.

C. Records under court ordered expungement or records where the juvenile has

reached adult age, shall be sealed and stored separately from adult records. D. Juvenile records are considered confidential, and shall not be released. Juvenile

records should only be accessed on a “need to know” basis. VIII. CHILD ABUSE AND NEGLECT

A. If an officer has reasonable cause to suspect that a child has been or may be

subjected to abuse or neglect, or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, he shall make a written report of the abuse or neglect.

B. Police officers are required by statute to report all cases of child abuse and neglect to the Missouri Children’s Division. This is accomplished by a telephone call to the Child Abuse/Neglect Hot-Line (1-800-392-3738). A preliminary investigation and CARE report should be completed before the call is made.

C. Immunity from Liability – RSMo. 210.135 states any person, official, or institution’s participation is good faith in the making of a report, or the removal or retaining of a child, shall have immunity from any liability, civil or criminal, that otherwise might result by reasons of such action.

D. Minor cases of neglect (an un-kept house, lack of supervision, etc.) should be investigated by the police officer receiving the original call. This includes arrest and protective custody, if necessary.

E. For serious cases of child abuse/neglect, the investigating officer will notify the shift supervisor and the chief of police. See Bulletin 25 for child advocacy referrals.

F. If an officer receives a call of a suspected child abuse or neglect and does not have sufficient probable cause to take the child/children into protective custody, but feels the situation might require further action, s/he may still notify the Child Abuse Hotline. A police report with the officer’s initial findings will be written.


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Children’s Division will act on the report, usually within 24 hours.

G. When possible, photographs should be taken of the condition of the home and of the children. If photos are to be taken of the children, prior consent of the Family Court is not needed. However, the officer must advise the Family Court within 24 hours that the photos were taken.

IX. PROTECTIVE CUSTODY

A. A police officer or a physician may take or retain temporary protective custody of

a child who is the subject of a report of actual or suspected abuse or neglect, or who is being examined by a physician for suspect abuse or neglect. Protective custody can be taken without the consent of the child’s parents, guardian or other person legally responsible for the child’s care after reasonable attempts have been made to advise parents, or another responsible adult for the child’s care and when a court order cannot immediately be obtained and conditions are such there exists an imminent danger to the health or life of the child if s/he were not taken or retained in custody. This custody shall not exceed twenty-four (24) hours.

B. The officer taking a child into temporary protective custody must notify the

parents, guardian or other legally responsible person for the child’s care, if their whereabouts are known.

C. A Children's Division worker may not take a child into protective custody. The

decision is the police officer’s. The officer has the responsibility for determining if conditions exist that require a child be taken into protective custody. Several factors may effect this decision:

1. Condition of the home: Is the home in disarray? Are there animal or

human feces in the residence, dirty dishes in the sink or about the household? Is there food in the home, are there beds for the children to sleep in, do safety hazards exist (drugs, broken windows, exposed wires, loaded weapons within easy reach)? Check the refrigerator for contents.

2. Injuries: Check for abnormal bruising, burns, open sores and insect bites.

Are the children sexually active? D. After a hotline call, the hotline clerk will notify the Children's Division, who will

assign a caseworker.

1. During normal business hours, the Children's Division worker will normally meet the officer at the Family Court. The officer may transport the child directly to the Family Court and request the assistance of the staff of the Family Court’s Neglect Unit for preparation of appropriate paperwork.

2. After business hours, contact the Children's Division if not already


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involved. The Children's Division worker will select the foster facility where the juvenile is to be taken by the police officer. The Family Court should contact the foster home prior to transporting the child there. It is the responsibility of the officer to transport the child to a foster home. The Children's Division supervisor number is 314-615-2996.

E. Reports required:

1. The reporting officer will prepare a “Protective Custody Admission Form” and fax the completed form to the Detention Supervisor at 314-615-4469.

2. The completed police report should be forwarded to the Family Court by

0900 the day following placement. The report may be personally delivered to the Neglect Unit or the Detention Center, 501 S. Brentwood Blvd., or directed to the Detention Supervisor via fax machine at 314-615-4469.

X. CERTIFICATION OF JUVENILES

A. A juvenile offender may be certified to stand trial as an adult. It is the

responsibility of the St. Louis County Family Court staff to determine if certification proceedings will be initiated. Certification can be recommended for any serious felony.

B. If the offense is a serious felony, it is the officer’s responsibility to inform the

youth at the time of any interview and booking that: 1. S/he may be certified to stand trial as an adult. 2. The seriousness of the offense committed. 3. The consequences if tried and convicted. C. Missouri Law now mandates that a certification hearing be held when a juvenile

of any age is charged with certain serious felony offenses. They are:

1. Murder 1st, 2. Murder 2nd, 3. Assault 1st, 4. Forcible Rape, 5. Forcible Sodomy


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6. Robbery 1st, and 7. Distribution of narcotics.

XI. SOCIAL SERVICES

A. A list of social service agencies dedicated to assisting juveniles will be maintained in the squad room. Officers are encouraged to use these resources when appropriate.

BY ORDER OF: _______________________________________________________________

Michael A. Wiegand, Chief of Police Date

ATTACHMENT: Juvenile Continuation Form (F-11)


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Sample Juvenile Finger Print Card


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general order: juveniles - better together … pd - go... · general order 25 . effective: july 9,...

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